Breck v. Smith
Mississippi Supreme Court
Error to the circuit court of Madison county. Campbell, J. Plaintiff in error assigns the following errors: 1st. The suit was prematurely brought on the 28th February, 1866, upon a writing shown by the declaration to have been dated the 16th January, 1866, and payable, on the 1st day of January nest thereafter. 2d. The declaration is on a writing described as due at date o'f suit, and thus shows there was then no cause of action. 3d.
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Error to the circuit court of Madison county. Campbell, J. Plaintiff in error assigns the following errors: 1st. The suit was prematurely brought on the 28th February, 1866, upon a writing shown by the declaration to have been dated the 16th January, 1866, and payable, on the 1st day of January nest thereafter. 2d. The declaration is on a writing described as due at date o'f suit, and thus shows there was then no cause of action. 3d. The action is misconceived, it being trespass on the case upon promises, and the writing sued on is a sealed note or bill single. 4th. The return on the summons…
1Opinion of the Court
TaRBELL, J.:
This is an action in form of trespass on the case upon promises brought by Martha Smith, against B. E. Saunders and B. M. Davis, to recover the amount of a sealed note for ten thousand dollars, dated January 16,1860, payable January 1,1861, with ten per cent, interest from its date.
Payments were made upon said note as follows: January 31,1863, $969 37; April 20,1865, $1,000.
On the second day of October, 1866, judgment by default was entered for the sum of $15,675 38, besides costs, in the circuit court of Madison county. From this judgment the assignee in bankruptcy of Saunders…
2Cited by1 opinion
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